Judge: Joel R Wohlfeil, Case: 37-2022-00042808-CU-BC-CTL, Date: 2023-08-11 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - August 09, 2023

08/11/2023  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00042808-CU-BC-CTL ANAYA VS FORD MOTOR COMPANY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Compel Discovery, 03/22/2023

The Motion (ROA # 11, 28, 31) of Plaintiffs MAGDA B. ANAYA and LEONARDO ANAYA ESCAJEDA ('Plaintiffs') for an order to strike the objections of Defendant FORD MOTOR COMP. ('Defendant') and compel further responses to Plaintiffs' Request for Production of Documents, Set One, numbers 4, 17 - 33, 36 and 37 (collectively 'RFPs') is GRANTED IN PART and DENIED IN PART.

Defendant's objections are, except as noted, SUSTAINED.

Defendant's objections are, as noted, below, OVERRULED.

The Court narrows the scope of no. 4 to 'DOCUMENTS referring to Plaintiff's VEHICLE.

The Court narrows the scope of no. 17 to 'warranty claims policy and procedure manual(s)' for the SUBJECT VEHICLE.

The Court narrows the scope of no. 18 to 'rules, policies, or procedures concerning the issuance of refunds to buyers or providing replacement vehicles to buyers in the State of California under the Song-Beverly Consumer Warranty Act' for the SUBJECT VEHICLE.

The Court narrows the scope of no. 19 to complaints by consumers of 'transmission system defects,' as alleged in par. 10 of the Complaint, for the SUBJECT VEHICLE.

The Court narrows the scope of no. 20 to 'policies, procedures, and / or instructions which YOUR employees and authorized agents should follow after a decision has been made by YOU to authorize either a refund of the purchase price, or a replacement vehicle, to YOUR customer' for the SUBJECT VEHICLE.

The Court narrows the scope of no. 22 to 'training materials related to YOUR policy regarding how to calculate a repurchase' for the SUBJECT VEHICLE.

The Court narrows the scope of no. 31 to 'policies, procedures, or guidelines provided by YOU to any agency regarding what constitutes a substantial nonconformity under the Song-Beverly Act' for the SUBJECT VEHICLE.

The Court narrows the scope of no. 32 to the 'number of repurchases and replacements Defendant has made in California in response to consumers' personal requests (i.e., a consumer request without an Calendar No.: Event ID:  TENTATIVE RULINGS

2969475 CASE NUMBER: CASE TITLE:  ANAYA VS FORD MOTOR COMPANY [IMAGED]  37-2022-00042808-CU-BC-CTL attorney)' for the SUBJECT VEHICLE.

Defendant is directed to serve Code-compliant responses, without objections, within twenty (20) days of the hearing of this Motion and produce the documents within twenty-five (25) days of the hearing of this Motion.

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2969475